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Bryan Cater CCJ

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  • Bryan Cater CCJ

    Hello,

    so on the 7th Feb 2014 Bryan Carter on behalf of Lowell submitted a CCJ against me, however I am 99% sure this debt is 6 years old (just).

    I acknowledged it online on the 19th and on the same day sent a CPR 31.14 request, a CCA and SAR to the applicable companies. (its an old Lloyds loan).

    On the 22nd I received a response from Bryant Carter to my CPR 31.14 request, please see below.

    Dear Mrs Hindes.

    We write further to your recent correspondence requesting disclosure under Part 31 of the Civil Procedure Rules.

    We confirm the Claim Form was issued by the Northampton County Court Bulk Centre and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the Particulars of Claim when they are issued by this Court.

    we confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

    In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

    It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

    We confirm we are not agreeable to an extension for filing your defence.

    We confirm we are not in receipt of your acknowledgement of service.

    As you will be aware a Claim was issued in this matter on 6 February 2014. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgment being entered against you.



    Please help, I have no clue what next.
    Tags: None

  • #2
    Re: Bryan Cater CCJ

    Hi.. anybody able to help, I am conscious on time

    Comment


    • #3
      Re: Bryan Cater CCJ

      Hi Ms Red Apologies for not coming back to you last night.

      Don't worry this is a quite standard response from Bryan Carter and if you have a look at the guidance http://www.legalbeagles.info/forums/...ic-information it should give you a good idea where to go from here, but please ask anything you need.

      Have you had any response from your CCA request at all ?

      What date is your deadline for filing defence?

      Also can you give a bit more detail about the debt, how much the claim is for, when last payment/acknowledgement was made etc. If you believe it to be stat barred and are confident on that then you could just enter a defence to that effect rather than an application for an order - but you should at least make one chasing attempt on the CPR issue.

      Just thinking regarding this lovely new paragraph from Bryan Carter

      We confirm the Claim Form was issued by the Northampton County Court Bulk Centre and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the Particulars of Claim when they are issued by this Court.


      whether you could add this in to your response letter

      You state that Practice Direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the Particulars of Claim when they are issued by this Court, however, your claim lacks detail in that there are no details as to when the alleged default occurred and you have not provided any details as to how the sums claimed have accrued. You are obliged to plead your case coherently and accurately as required by the CPR 16 and PD 16. I accept the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading, however the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative you are at liberty to issue and set out that particulars were to follow.
      however I haven't seen the particulars of claim in your case so that's just guesswork - if you could type them up that would be marvellous xx
      Last edited by Amethyst; 25th February 2014, 11:31:AM.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Bryan Cater CCJ

        Thank you

        The date on the CCJ form is the 7th that it was issued... is it 28 days from this date for filing a defence?

        Nothing back for the CCA request as yet.

        Comment


        • #5
          Re: Bryan Cater CCJ

          It is usually 5 days after the issue date, so say the 10th to be safe, then 28 days from there which is the 10th March for your defence to be due in. It should tell you on MCOL anyway.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Bryan Cater CCJ

            Hi.. its a Lloyds TSB loan, £6699 plus they are claiming interest from 24/06/2013 to date at 8 pa for 333.30.

            The last and final payment I made I believe is on the 1st January 2008.

            Comment


            • #7
              Re: Bryan Cater CCJ

              What should I do hear please? This one is Stat barred? xx thanks

              Comment


              • #8
                Re: Bryan Cater CCJ

                Be careful here. You last paid Jan 08 so it might not be SB as the cause of action would be later than that. Best to do the 31.14 and s78 bits as a back up to the SB argument in my opinion.

                M1

                Comment


                • #9
                  Re: Bryan Cater CCJ

                  Hi.. I sent of and emailed Amethyst advice above to Byrant Carter in response to their 31.14 response.. what is a s78? sorry to ask.

                  Comment


                  • #10
                    Re: Bryan Cater CCJ

                    Actually i just noticed it's a loan so it's actually a s77 request.

                    Re: Account /Reference Number: XXXXXXX


                    With reference to the above agreement, I require that you provide me a true copy of the credit agreement.


                    I am aware that section 77(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 77(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.


                    I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.


                    I understand that Consumer Credit (Prescribed periods for Giving Information) regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.
                    In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.


                    I look forward to hearing from you


                    Yours faithfully


                    M1

                    Comment


                    • #11
                      Re: Bryan Cater CCJ

                      Thanks, do I send that to Bryant Solicitors? Or Lowell?

                      Comment


                      • #12
                        Re: Bryan Cater CCJ

                        Lowell.

                        M1

                        Comment


                        • #13
                          Re: Bryan Cater CCJ

                          Okay I will send that off to Lowell, thank you... though Lowell still have not replied to my CCA request yet.

                          Thanks x

                          Comment


                          • #14
                            Re: Bryan Cater CCJ

                            So you've already sent it with £1 ? If so you don't need to do it again and you really don't want them to reply either

                            M1

                            Comment


                            • #15
                              Re: Bryan Cater CCJ

                              Yes I did on the 22nd with £1 postal order what do I do now please?

                              Comment

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